[PDF] The Liability Of Arbitral Institutions eBook

Author : Barbara Alicja Warwas
Publisher : Springer
Page : 395 pages
File Size : 43,88 MB
Release : 2016-09-24
Category : Law
ISBN : 9462651116

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This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students. It is argued that the current regulations regarding liability are inadequate given both the contractual obligations and the emerging public function of arbitral institutions and that institutional arbitral liability is therefore necessary. The book also links the contemporary functions of arbitral institutions to recent debates regarding legitimacy challenges in international commercial arbitration. Responding to these challenges, a model of institutional contractual liability is proposed that invites arbitral institutions to proactively regulate the scope of their liability.

Author : David Lebron
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 45,76 MB
Release : 2017-07-13
Category :
ISBN : 9781979807319

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This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students.

Author : James Boykin
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 30,44 MB
Release : 2017-04-05
Category :
ISBN : 9781977862693

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This book offers an innovative approach to the topic of liability in international arbitration, a controversial topic that has heretofore not been fully explored in the scholarship. Arbitral institutions have recently emerged as powerful actors with new functions in and outside arbitration processes. The author proposes to shift the debate on liability from arbitrators to the arbitral institutions. The book re-evaluates the orthodox understanding of the status, functions, and responsibility of arbitral institutions and is recommended for arbitration scholars, practitioners, and students.

Author : Philipp Habegger
Publisher : Juris Publishing, Inc.
Page : 214 pages
File Size : 26,75 MB
Release : 2013-03-01
Category : Law
ISBN : 1937518132

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The internal organisation and practices of operation of arbitral institutions are often not transparent and are rarely addressed in public discussions among arbitration practitioners. To shed some light on aspects of the internal organisation and operation of these institutions, ASA asked the MIDS (Geneva LLM in International Dispute Settlement) to conduct a broad survey of arbitral institutions based on a detailed questionnaire. The results are summarized in Chapter 1 of this volume. The further Chapters of this volume contain the presentations of the speakers at the ASA conference of 9 September 2011. They discuss responsibilities of the institutions in administering arbitration cases under their sets of rules in the different phases of an arbitral proceeding, from the constitution of the arbitral tribunal to supervision and quality control to financial aspects, such as cost control and the potential liability of arbitrators. In sum, this volume of the ASA Special Series contains a lot of interesting information for all arbitration practitioners and users of institutional arbitration services.

Author : Robert Rhodes
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 33,14 MB
Release : 2018-06
Category :
ISBN : 9781722199180

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It is suggested that the current rules regarding liability are insufficient given both the contract responsibilities and the growing public function of arbitral organizations and that institutional arbitral liability is therefore necessary. The guide also links the contemporary features of arbitral organizations to recent controversy regarding authenticity difficulties in international commercial mediation. Replying to these difficulties, a model of institutional contract liability is suggested that encourages arbitral organizations to proactively control the opportunity of their liability. Arbitral organizations have recently appeared as powerful stars with new features in and outside mediation procedures. The author provides move the controversy on liability from arbitrators to the arbitral organizations. The guide re-evaluates the traditional understanding of the position, features, and liability of arbitral organizations and is recommended for mediation students, experts, and students.

Author : Ethan Briggs
Publisher : Createspace Independent Publishing Platform
Page : 394 pages
File Size : 41,83 MB
Release : 2018-07-26
Category :
ISBN : 9781724241849

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The writer suggests to move the discussion on liability from arbitrators to the arbitral organizations. The guide re-evaluates the traditional understanding of the position, features, and liability of arbitral organizations and is recommended for mediation students, experts, and students. It is suggested that the current rules regarding liability are insufficient given both the contract responsibilities and the growing public function of arbitral organizations and that institutional arbitral liability is therefore necessary. The guide also links the modern features of arbitral organizations to recent controversy regarding authenticity difficulties in international commercial mediation. Replying to these difficulties, a model of institutional contract liability is suggested that encourages arbitral organizations to proactively control the opportunity of their liability.

Author : Barbara Alicja Warwas
Publisher :
Page : 362 pages
File Size : 36,19 MB
Release : 2013
Category : Arbitration (International law)
ISBN :

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This thesis analyses the issue of institutional arbitral liability from an interdisciplinary perspective, incorporating the legal, social, and economic dimensions of institutional functions. The point of departure for the main analysis is the assumption that the current institutional exclusion of liability clauses do not respond well to the multifaceted objectives underlying the performance of institutional arbitration actors (both arbitral institutions and institutional arbitrators). In view of this, the thesis identifies the optimal scope of institutional arbitral liability. It is hypothesised that the legal approach to institutional arbitral liability (focusing on the explanation of the contractual bonds and institutional activity through the lenses of various contract law theories) alone is insufficient to accommodate all aspects of institutional performance. It is argued that the contractual obligations of institutional arbitration actors should be analysed in view of the social and economic goals of institutional regimes. Social goals refer to the questions of authority and legitimacy of institutional arbitration (whether in its internal or external aspects), while economic aims refer to the traditional commercial function that arbitral institutions assume in the so-called "market" for arbitration services. Therefore, the thesis suggests that institutional arbitral liability should be based on the three pillars of institutional functions, namely: the legal, social and economic aspects of institutional regimes. The thesis also identifies the emerging public function of institutional arbitration vis-à-vis its traditional commercial function that for long tried to reduce institutional activity to a pure provision of arbitration services. The public function implies the growing private regulatory powers of arbitral institutions in and outside arbitration processes, as well as the increasingly exclusive institutional prerogatives in the administration of publicly oriented arbitrations. The public function supports the proposals for institutional arbitral liability provided in this thesis, as it requires certain public oversight of the fairness and accountability of the contemporary institutional arbitration processes.

Author : Rémy Gerbay
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 26,54 MB
Release : 2016-04-20
Category : Law
ISBN : 9041162208

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While thousands of cross-border disputes are successfully resolved each year through institutional arbitration, there appears to be little understanding of the functions exercised by arbitral institutions and their impact on the proceedings they administer. Much like the user of a computer may operate, with relative success, a machine which he does not fully comprehend, users of institutional arbitration have for many decades resolved their disputes successfully through institutional arbitration without fully understanding the precise nature of the functions of what is a key player in the process. This book rectifies this paradoxical gap. It offers a clear yet nuanced overview of the diverse and complex reality of institutional arbitration, while challenging the assumptions conventionally held as to the role of arbitral institutions. This book is the product of a systematic study of the activities performed by over forty leading international arbitration institutions worldwide in their administration of cases (including the ICC, LCIA, ICDR, SCC, SIAC, HKIAC, JAMS, CIETAC, KLRCA, DIS, DIA, NAI, CEPANI etc.). This book also examines a wealth of court decisions and bibliographical sources from the leading civil law and common law jurisdictions (e.g., France, England & Wales, the United Sates, Switzerland, Germany). This book is invaluable to academics and practitioners interested in furthering their theoretical and practical understanding of institutional arbitration and arbitral institutions.

Author : V.V. Veeder
Publisher :
Page : 19 pages
File Size : 19,1 MB
Release : 2018
Category :
ISBN :

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Increasingly, arbitrators are the collateral victims of attacks by a party on the award and the arbitration itself. These collateral attacks often take the form of a challenge to the arbitrator's impartiality and independence. In some jurisdictions, a successful challenge against one of three arbitrators may invalidate an award, even for unanimous decisions. A pending challenge may influence the adverse party toward an otherwise unfavorable settlement. In other jurisdictions, a pending challenge may automatically stay the arbitration until it is resolved by a state court, preventing the tribunal from proceeding with a partial award on liability to a final award on quantum for an indefinite period of time. Recently, state courts have called an unprecedented parade of international arbitrators to account, and required several arbitrators personally to give evidence on oath before a state court (usually at their own expense). These actions have taken place in London, Stockholm, and most recently in New York and France - hardly exotic venues hostile to international arbitration. In short, functional immunity is no longer working for arbitration.

Author : Andrey Kotelnikov
Publisher : Kluwer Law International B.V.
Page : 360 pages
File Size : 43,54 MB
Release : 2019-07-03
Category : Law
ISBN : 9403503408

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Although Russia has generally followed the New York Convention, the UNCITRAL Model Law and the European Convention on Arbitration since the 1990s, it was not until the reforms of 2015–2017 that arbitration in Russia became fully aligned with international commercial arbitration standards. This book by prominent Russian authorities explains the current legal landscape in the aftermath of the reforms, providing clear information and guidance to the worldwide community of arbitrators, dispute resolution practitioners and academics in the field. This book provides comprehensive coverage of current Russian law on domestic and international arbitration, addressing the stages of arbitration proceedings from the conclusion of an arbitration agreement to enforcement of foreign arbitral awards. The authors discuss the major theoretical and practical issues that have occupied the Russian courts and legal scholars over recent decades and draw parallels with other states and accepted international practices, emphasising issues that are of particular importance to foreign investors and their Russian partners. Detailed examinations include the following: regulatory sources; permanent arbitral institutions with government permission to operate; legislative provisions concerning judicial control of arbitration; arbitrability of disputes; interim measures; status of arbitrators and their powers; liability of an arbitrator; rules of evidence in arbitral proceedings; challenging arbitral awards and their enforcement; grounds for refusing enforcement of an international commercial arbitral award; grounds for setting aside of arbitral awards and their enforcement; costs and fees in arbitration; and the public policy exception. This book takes account of both the most significant Russian works on the theory of arbitration law and relevant judicial and arbitration practice. As a comprehensive guide to every aspect of international and domestic arbitration in the Russian Federation, this insightful commentary will be welcomed by legal practitioners worldwide dealing with an ongoing or contemplated arbitration or enforcement of an arbitral award in Russia. It will also serve as a point of reference providing international legal scholars, researchers and students with an authoritative explanation of the legal regulation of arbitration and the approaches adopted in Russian doctrine and legal practice.